Evolution of mediation from the time of Magna Carta
This article is written by Astitva Kumar, a research associate at ICMCR. The article is the result of extensive research and analysis on mediation and how it evolved from the time of the Magna carta. Introduction Magna Carta, also known as the “Great Charter”, is the most precious and pious document in the historical advancement of the legal field. Laying down principles of rights, duties, and law for the first time, Magna Carta envisaged the purpose of individuals’ rights to justice. Magna Carta, not just laid down the principle of law and justice but made a [...]
India’s top Online Dispute Resolution (ODR) startups
This article is written by Astitva Kumar, a research associate at ICMCR. The article is the result of extensive research and analysis on the term ODR and various Indian startups working on it. Introduction Legal technology start-ups have been attempting to improve India's justice delivery systems for a few years now. In 2019, a non-profit organization, Agami, in cooperation with ICICI Bank, organized an 'E-ADR Challenge.' This provided a significant incentive.[1] Currently, several start-ups in the country follow a range of business models and continue to innovate daily to provide accessible and inexpensive ODR services [...]
Analyze the laws of developing countries in the field of mediation
This article is written by Astitva Kumar, a research associate at ICMCR. The article is the result of extensive research and analysis of the laws of developing countries in the field of mediation Introduction The global health catastrophe caused by the coronavirus (COVID-19) is having a devastating effect on people all over the world. It has wreaked havoc on the global economy and commercial ties, causing havoc on a scale never before seen. As parties struggle to meet their contractual responsibilities, many business conflicts arise. There's a good chance that the crisis will lead to an increase in [...]
Analysis of international disputes those were resolved using the method of mediation
This article is written by Astitva Kumar, a research associate at ICMCR. The article is the result of extensive research and analysis of potential conflicts that were settled through mediation. Introduction International disputes due to differentiation between jurisdiction and irregularity of laws and regulations between countries, lead to problematic dispute resolution plans. Thus, when procedural and judicial intervention fails, parties resort to ADR techniques. Court settlement is considered one of the most viable and effective ways of dispute resolution in the world. Mediation becomes the option that has helped to explore and effectively resolve the disputes of countries. [...]
Comparison of Mediation on the legal basis: Developed v. Developing Countries
This article is written by Astitva Kumar, a research associate at ICMCR. The article is the outcome of substantial research and analysis of laws in developed countries against laws in developing countries that have mainstreamed mediation. Introduction Mediation has been championed as not only a tool to help alleviate the pressure of the judiciary but to also help justice penetrate other layers of society due to the fact it is more accessible. Mediation despite being presented as a new tool can find its roots in the history of many countries. And in today's times, we see modern [...]
MAKING PEACE WITH CONFLICT!
“Conflicts are opportunities for you and your partner to align on values and outcomes. They are chances to understand, appreciate, and embrace differences.”- Tony Robbins Conflict, it’s a term we are all familiar with, but do we really understand the depth, the consequence, and even the benefits of dealing with a conflict? It seems obvious that when we define the word conflict, we assume it is the disagreement or differing of opinions that can cause rift between the two parties. Often times, the reasoning behind a conflict can be a build- up of issues and emotions, which can lead to [...]